По някои въпроси на доказването и доказателствената тежест в производството за защита от дискриминация
On some issues of proving the burden of proof in the proceedings for protection of discrimination

Author(s): Ana Dzumalieva
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Сдружение „Академия за иновации и устойчивост“
Keywords: discrimination; non-discrimination; burden of proof
Summary/Abstract: The right to non-discrimination is a right to any legal entity / a subject to be a bearer of rights equal to the rights set out in the regulations under one and the same conditions, coupled with achieving and safeguarding the measure of freedom and the equality in dignity. Therefore any difference created based on discriminatory sign would entail a violation of this law. The protection of the right of non-discrimination is a guaranteed law opportunity to protect a subject when deprived of the constitutionally established right. The question of burden of proof is a matter for the consequences of unproven. Objectively, the burden of proof is to the right and obligation of the determining authority to announce as undelivered that legal consequence, whose legal fact is not proven. In the final result due to the burden of proof the solution will appear as a sanction against the party that claims renounced legal consequence, and as protection to the party, which has challenged the denied legal effect by the court. This impact on the legal rights of the parties implies the subjective nature of the burden of proof. Its very name originates from the adverse consequences of unproven to the party claiming legal consequence but unsubstantiated by fact. The study presented discusses some issues of proving the burden of proof in the proceedings for protection of discrimination through the examples of Bulgarian law and experience.

• Details
• Contents